Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

[boston_case]

Finally got my oath letter !!!!

I got my oath letter today. What a relief !!

Very happy today. More happy to think that I don't have to deal
with CIS any time soon. I wish goodluck to all the members of this
board and am very thankful to the founders of this thread like
Publicus, Bashar, Mohammadx2 etc.

 

[oceanside]

lawsuit

I believe the General Counsel office at both FBI and DHS probably acted even without the involvement of the AUSA. I sent summons to their attention directly. Just my wild guess though.

ocean,

congrats again. so looking back,
what do you think would be the
last straw that crushed the camel,
given your AUSA was so tough?

Were the summons sent to the
USCIS and FBI doing the tricks??

I just wonder if there is some division
insided CIS or FBI who are handling the lawsuits, even without the calls
from the AUSA.

Gurus, please share your insight or
guesses!

 

[oceanside]

Congratulations!

I'll share the joy with you.

I got my oath letter today. What a relief !!

Very happy today. More happy to think that I don't have to deal
with CIS any time soon. I wish goodluck to all the members of this
board and am very thankful to the founders of this thread like
Publicus, Bashar, Mohammadx2 etc.

 

[oceanside]

interview

They might want to interview you, I guess. I read from this thread that there were cases transferred to local but approved shortly after WOM.

My I485 case was transferred to the local office in San Jose today after I filed WOM lawsuit on Sept 26, 2006. I have never involved in any criminal/unlawful activities either in USA or in China. Can someboy here give me hint what is the reason? How long does it take to complete the process in the local office?

Thanks,

netmn

EB1-b, China
I-485 RD: May 23, 2005
NC: pending since June 1st, 2005
FP: Sep 20, 2005
Lawsuit filed: September 26, 2006
Case transferred to the local office: Oct 12, 2006

 

[khalafah2000]

Khalafah,
Can you postpone your travel? Now, that you're suing and will be spending money on a lawyer, you don't want to screw up your Natz man!
Your leaving the US for several months after filing 1447(b) doesn't look good at all, not only vis-a-vis your lawyer but also thr court handleing your case (if they find out). Can your family come visit instead? or can you go for a shorter period of time?
Good luck

i didn't understand that why court would have a problem with my extended stay in my native country when I have a perfectly genuine reason(wife and kids are waiting for green cards there for around 4 years now)? Is less than six months stay always okay?

 

[netmn]

Re: case transferred

Thanks Oceanside for your info. I will cross my fingers and see...

netmn

They might want to interview you, I guess. I read from this thread that there were cases transferred to local but approved shortly after WOM.

 

[SHAFFI]

Traveling out of the US while you are in the middle of a lawsuit with the USCIS is NOT advisable. I have been postponing my international travels (which they are urgent) because of my pending lawsuit. There are so many things could go wrong with a lawsuit that you need to be there for a minute entry if needed. Besides I have been told by my lawyers that the USCIS will give you hell in the way back to enter the US as they know you suied them (retaliation). IF I WERE YOU, I WONT GO ANYWHERE UNTILL I HAVE MY AMERICAN PASSPORT IN MY HAND.

 

[Calixto]

6/9/2006, June - Complain submited
8/14/2006 Defendant file Motion to dismiss (just a day before the 60 days deadline)
9/8/2006 I file Memorandum against the motion
9/22/06 USCIS denies application based on early application( based on wrong date about when i became resident, a gross mistake) and gave 1 month to file a appeal with an Immigration Officer
9/27/06 - File a Motion for Preliminary Injuction, to invalidate the USCIS decision based on Jurisdiction and Wrong data handled by USCIS

Since June the Judge has been mute and it does encourages me at all.

has anybody seen such inaction from a judge before?

Is there any deadline for the Judge to rule?

thanks

Calixto

An update on my case for future references
Informal - AUSA called yesterday that USCIS had adjudicated my case, therefore he refrained from sending a response to my MOTION, will wait for the writing notification to dismiss the case
Formal -
Judge spoke today!
- to DISMISS my case withouth prejudice based on the fact he does have jurisdictions since the USCIS denied my application (due to early submission). He referred to Kia vs USINS, 1999, WL 172818 at *1 (unplublished), Etape vs Chertoff , 2006 WL 2355079, at*8(D. Md. Aug 15, 2006); Farah vs Gonzales, 2006 WL 1116526, at *1-2 (D.Minn , Aprl 26, 2006) (same); United States vs Hospevian, 359 F.3d 1144 (9th Circ 2004) (en banc)
- He asked to go to appeal in front of the Immigration Office and IF denied reopen the case based on 8 USC § 1421 (different case)

he is not sensitive to these cases, obviuosly.
Next steps?
- wait for the Adjudication and celebrate
- if it does not come (i have lost some degree of my faith) I will

 

[Calixto]

Quote:
Originally Posted by Calixto
6/9/2006, June - Complain submited
8/14/2006 Defendant file Motion to dismiss (just a day before the 60 days deadline)
9/8/2006 I file Memorandum against the motion
9/22/06 USCIS denies application based on early application( based on wrong date about when i became resident, a gross mistake) and gave 1 month to file a appeal with an Immigration Officer
9/27/06 - File a Motion for Preliminary Injuction, to invalidate the USCIS decision based on Jurisdiction and Wrong data handled by USCIS

Since June the Judge has been mute and it does encourages me at all.

has anybody seen such inaction from a judge before?

Is there any deadline for the Judge to rule?

thanks

Calixto

An update on my case for future references
Informal - AUSA called yesterday that USCIS had adjudicated my case, therefore he refrained from sending a response to my MOTION, will wait for the writing notification to dismiss the case
Formal -
Judge spoke today!
- to DISMISS my case withouth prejudice based on the fact he does have jurisdictions since the USCIS denied my application (due to early submission). He referred to Kia vs USINS, 1999, WL 172818 at *1 (unplublished), Etape vs Chertoff , 2006 WL 2355079, at*8(D. Md. Aug 15, 2006); Farah vs Gonzales, 2006 WL 1116526, at *1-2 (D.Minn , Aprl 26, 2006) (same); United States vs Hospevian, 359 F.3d 1144 (9th Circ 2004) (en banc)
- He asked to go to appeal in front of the Immigration Office and IF denied reopen the case based on 8 USC § 1421 (different case)

he is not sensitive to these cases, obviuosly.
Next steps?
- wait for the Adjudication and celebrate
- if it does not come (i have lost some degree of my faith) I will

1) file appeal with immigration
2) file the Judge decision in the next Court, regardless.

 

[IreneB]

I got my oath letter today. What a relief !!

Very happy today. More happy to think that I don't have to deal
with CIS any time soon. I wish goodluck to all the members of this
board and am very thankful to the founders of this thread like
Publicus, Bashar, Mohammadx2 etc.

CONGRATULATIONS! I've been waiting for your good news. So happy for you!

 

[khan4nwfp]

need advise please.......

My name check has also been pending since 4/06. I am gathering information to file for 1447b. I would like to know the following or have them confirmed from some of you that have recenlty done this and could let me know anything I need to be careful of.
1. Is there a particular format I need to follow for the complaint. I dowloaded the info from phoenix district court & all it mentioned was using 8 1/2 X 11 size paper?
2. Who is best to send summons to & mention in the complaint. I have seen some of you including FBI while some have not. Can you please advise which way to go.
3. Do summons get stamped the day I file my complaint or do I go back to the court and pick them up?
4. Is it possible to hand deliver the summon to AUSA or USA office? Are they usually located in the district court. If so do I need to show proof that it was hand delivered? Also I have seen on some posts that the FBI return receipt never came back after summons were mailed? Is this ok?
5. How long should I be waiting to hear anything about my case once the summons or the case is filed? Is the case/dockett number assigned the same day you file the complaint?

I am sure I may have more questions later but if anyone of you guys that have been involved in this can give me thier honest advise or any tips, I would appreciate very much.....

 

[naelag]

1447(b) success and a question

Another case won by the good guys. I have learned so much from this forum, I thought I would share my timeline.

12/27/05 N-400 application
4/13/06 Interview -- name check pending
8/28/06 1447(b) filed, Northern District of New York
10/11/06 phone call from USCIS: name check cleared, and oath ceremony scheduled 11/17

My question: it seems that USCIS is not aware that I had a case pending, and went ahead and adjudicated my application, even though they technically do not have jurisdiction to do so. How do you think I should approach this? just dismiss the case and show up to the oath ceremony?

 

[SHAFFI]

Another case won by the good guys. I have learned so much from this forum, I thought I would share my timeline.

12/27/05 N-400 application
4/13/06 Interview -- name check pending
8/28/06 1447(b) filed, Northern District of New York
10/11/06 phone call from USCIS: name check cleared, and oath ceremony scheduled 11/17

My question: it seems that USCIS is not aware that I had a case pending, and went ahead and adjudicated my application, even though they technically do not have jurisdiction to do so. How do you think I should approach this? just dismiss the case and show up to the oath ceremony?

Just dismiss you case after the oath not before

 

[SHAFFI]

My name check has also been pending since 4/06. I am gathering information to file for 1447b. I would like to know the following or have them confirmed from some of you that have recenlty done this and could let me know anything I need to be careful of.
1. Is there a particular format I need to follow for the complaint. I dowloaded the info from phoenix district court & all it mentioned was using 8 1/2 X 11 size paper?
2. Who is best to send summons to & mention in the complaint. I have seen some of you including FBI while some have not. Can you please advise which way to go.
3. Do summons get stamped the day I file my complaint or do I go back to the court and pick them up?
4. Is it possible to hand deliver the summon to AUSA or USA office? Are they usually located in the district court. If so do I need to show proof that it was hand delivered? Also I have seen on some posts that the FBI return receipt never came back after summons were mailed? Is this ok?
5. How long should I be waiting to hear anything about my case once the summons or the case is filed? Is the case/dockett number assigned the same day you file the complaint?

I am sure I may have more questions later but if anyone of you guys that have been involved in this can give me thier honest advise or any tips, I would appreciate very much.....

Go to the US court in Phoenix and ask for the Pro Se department, they will give you the specific format you need to file.

The best way to serve the defendants is by certified mail. Your 60 day starts from the date of which the last defendant was served, NOT from the date you filed your suit as most people make that mistake.

Now as far as who you need as defendants in your suit:

1-US attorney general.
2-Secertary of Homeland Security.
3-Director of USCIS.
4-Director of USCIS district of Arizona.
5-Director of FBI (you should include this defendant only if you know that the FBI did not clear you from the background check at the time you filed your suit)

you need to send a copy of the suit (via certified mail) to all of the defendants PLUS the US attorney for the district of Arizona (FYI, he is not a defendant but an attorney who will be representing the defendants)
Good luck

 

[happyball]

Successful Season coming

Wow! So glad hearing many good news recently. It seems the big successful season is coming and we should have a big Party here!

Cheers!

 

[rob waiter]

you won! congrats!

I got my oath letter today. What a relief !!

Very happy today. More happy to think that I don't have to deal
with CIS any time soon. I wish goodluck to all the members of this
board and am very thankful to the founders of this thread like
Publicus, Bashar, Mohammadx2 etc.

 

[Haddy]

Format for Motion to Dismiss by Plaintiff

Dear friends,

Happyball has created a beautiful format for all of us... In case any one planning to Dismiss their own case after getting their desired results... before AUSA come up with their own plain language (which I always feel like is saying that there was nothing wrong... USCIS never screwed up... and we fized the problems... Plaintiffs should be thankful)...

anways look at this format and change it to suit your case...

"On DATE, Pro Se Plaintiffs XXX and XXX, filed a complaint for a Writ in the Nature of Mandamus & Declaratory Judgment, seeking adjudication of their applications for adjustment of status (AOS). Their Applications for Adjustment of Status were pending for ## years and ## days. On DATE, our AOS applications were approved. The Defendants were not only able to complete our application processes but also able to send us our I-551 Green Cards within ## days of filing this complaint with this Honorable court. Respectfully, the Defendants only acted after filing this complaint. There was no other remedy available to the Pro Se Plaintiffs. So as the Defendants have acted upon our Prayers we hereby request this honorable court to please dismiss our complaint."

Good Luck.

 

[Haddy]

ocean,

congrats again. so looking back,
what do you think would be the
last straw that crushed the camel,
given your AUSA was so tough?

Were the summons sent to the
USCIS and FBI doing the tricks??

I just wonder if there is some division
insided CIS or FBI who are handling the lawsuits, even without the calls
from the AUSA.

Gurus, please share your insight or
guesses!

Dear Rob Waiter,

You are totally correct... Sending the Summons to the Defendants does the TRICK... Well Said... I truly beleive inthat... especially sending them to FBI... because we can never get hold of those people who finish our name checks and USCIS never ask FBI to expedite upon our simple requests... they only request expedites when we file LAWSUITS...

 

[needsolution]

Traveling out of the US while you are in the middle of a lawsuit with the USCIS is NOT advisable. I have been postponing my international travels (which they are urgent) because of my pending lawsuit. There are so many things could go wrong with a lawsuit that you need to be there for a minute entry if needed. Besides I have been told by my lawyers that the USCIS will give you hell in the way back to enter the US as they know you suied them (retaliation). IF I WERE YOU, I WONT GO ANYWHERE UNTILL I HAVE MY AMERICAN PASSPORT IN MY HAND.

I have talked to my attorney also, and USCIS can not do anything different to you just because you filed a lawsuit and it is pending. You can leave the country and come back within less than 6 months. I did it and nothing happened. You should register for PACER and you can check the updates on your lawsuit everyday without having to worry about it.

 

[Haddy]

Congratulations!!!

I got my oath letter today. What a relief !!

Very happy today. More happy to think that I don't have to deal
with CIS any time soon. I wish goodluck to all the members of this
board and am very thankful to the founders of this thread like
Publicus, Bashar, Mohammadx2 etc.

WOW... Congratulations... Like Happyball said... this is season of SUCCESS... Very Well Done... I remember you are one of the oldest members on this forum... you really deserve this victory... Congratulations...